Welcome to the 1st edition of our ICT, IP, media and data protection news

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EHLO is a new source of Luxembourg legal knowledge on information and communication technologies, intellectual property, media and data protection compiled by our lawyers working on a day to day basis in these areas of practice.

Our dedicated team closely follows the developments and ongoing emergence of new directives, laws and regulations as well as the increasing number of case law and guidance specifying the application in practice of the legal and regulatory landscape.

We are keen to share valuable information, which we deem of interest to you in easy to read format. We are of course available to expand on a given subject, upon request.

EHLO is not intended to replace our firm’s general monthly Newsletter (to which you must subscribe if you wish to receive EHLO), but to supplement it by disseminating specific information and news in a reactive manner for these dedicated areas of practice.

Some topics with respect to information and communication technologies, intellectual property, media and data protection may be more extensively developed in the firm’s general monthly Newsletter.

EHLO will be published at a varying frequency depending on the news, recent developments on a specific subject or growing interest on a specific point of interest.

For its launch, EHLO returns in the form of a retrospective on some key legal events of the year 2019.

Table of contents

ICT

• Developments of the CJEU on the concept of “electronic communications service”
• Liability of hosting service providers for defamation under e-Commerce Directive (Facebook)
• E- Commerce – Luxembourg Electronic signature regime to fully aligned with eIDAS Regulation

DATA PROTECTION

• CJEU “Fashion ID” case: the operator of a website embedding a social media “Like” button can be a controller jointly with the social media editor
• Schrems II case: EU to U.S. transfers of personal data challenged
• EU Entities can continue to transfer personal data within the Privacy Shield framework
• CNPD annual activity report 2018
• CJEU limits the de-referencing right to the EU territory 
• Guidelines on the “right to be forgotten” in the specific case of online search engine
• Consent requirements regarding cookies (Planet49 case) (Advocate General)
• Consent requirements regarding cookies (Planet49 case) (CJEU)
• Guidelines on data protection by design and by default
• Guidelines on the territorial scope of the GDPR
• EDPB published standard clauses for (sub-)processing activity
• Data Protection - Consequences of a no-deal Brexit on personal data transfers to the UK
• Data Protection - CNPD provides further Guidance: Processing operations requiring a DPIA
• Interaction e-Privacy principles / GDPR

INTELLECTUAL PROPERTY

• Trademark and bad faith
• Trademark – European Reform implemented in Luxembourg
• Adoption of new European copyright directive

Your ICT, IP, media and data protection team at Elvinger Hoss Prussen